Efektifitas Pelaksanaan Penundaan Kewajiban Pembayaran Utang (PKPU) dalam Mencegah Kepailitan (Studi Pengadilan Niaga pada Pengadilan Negeri Jakarta Pusat)

Abstract

The results showed that the Postponement of Debt Payment Obligations or PKPU means that it can be used by debtors to avoid bankruptcy. So before declared as bankruptcy, debtors can apply for PKPU. PKPU applications are submitted to the Commerrcial Court established within the General Court. In 2017, 2018 and 2019 the Commercial Court at Central Jakarta District Court has received many incoming PKPU case reports and continues to increase every year. PKPU that has been accepted and determined can be submitted as a peace plan by the debtor, the peace plan is submitted to resolve debt settlement disputes between debtors and creditors, PKPU can be considered effective if PKPU submitted by the debtor ends with peace. In addition, the driving factor for PKPU's effectiveness in preventing bankruptcy is the content of the peace agreement that has been homologated by the Commercial Court.

Breach of Peace Agreement (Homologation) Between Pt Lautan Warna Sari and Pt Kertas Leces (Persero)

“…Sby, the relevance of the above theory is that as a result of breach, a reprimand (Sommatie) can be given, namely a written notice or statement from the creditor to the debtor containing the provision that the creditor requires the fulfillment of the performance immediately or within the period specified in the notice and is carried out through the court, While ingebreke stelling means that the creditor's warning to the debtor is not through the district court or directly orally, only through reprimand and no follow-up. 8 Certain circumstances sommatie is not needed to declare that a debtor is in breach, namely in the event that there is a time limit in the agreement (fatal termijn), the achievement in the agreement in the form of not doing something, the debtor admits himself in breach. 9 A peace plan that has been ratified (homologated) has binding legal force for the parties interested in the peace plan.…”